These Terms of Service (the “Terms”) govern your access to and use of products, software, applications, websites, and services offered by BHVD Labs LLC (“BHVD,” “we,” “us,” or “our”).

“You” means any individual who accesses, purchases, or uses any part of the Service.

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

2. What the Service Is

The “Service” includes, without limitation:

1. TheIceSack.com and any subdomains
2. The Ice Sack and BHVD‑branded hardware
3. The Ice Sack mobile application and related software
4. NFC features, firmware, audio content, timers, and protocols
5. Safety instructions, warnings, packaging inserts, and related guidance
6. Accounts, purchases, subscriptions, communications, and customer support

3. No Medical Services and No Medical Claims

The Service does not provide medical advice, diagnosis, or treatment. Nothing in the Service is intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

BHVD is not a licensed medical provider and no clinician‑patient relationship is created.

You are solely responsible for your decisions regarding use of the Service. If you have questions about whether the Service is appropriate for you, consult a qualified healthcare professional.

4. Not for Emergencies

The Service is not intended for emergency use. If you believe you are experiencing a medical emergency, call 911 or your local emergency number immediately.

5. Cold Exposure and Assumption of Risk

Use of The Ice Sack and cold exposure activities involves inherent risks, including risks associated with temperature exposure, physical confinement, individual tolerance variability, and misuse.

By using the Service, you acknowledge and agree that:

1. You are solely responsible for determining whether cold exposure is appropriate for you.
2. You will read, understand, and follow all instructions, warnings, and safety guidance provided with the hardware, in the app, and on the website.
3. You will stop use immediately if you feel unwell or unsafe.
4. You assume all risks associated with your use of the Service and any physical activity performed in connection with it.
5. Your use of the Service is at your own risk.

6. Accounts and Security

If you create an account, you agree to provide accurate, current information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

You must notify us promptly of any unauthorized use or suspected security breach.

7. Safety Acknowledgments and Electronic Records

You acknowledge that safe use of the Service depends on following all safety guidance.

By using the Service, you confirm that you have read and understood the Safety Instructions and warnings associated with the hardware and app.

You agree that your electronic assent is legally binding and equivalent to a handwritten signature. BHVD may record and retain electronic records evidencing assent and acknowledgments, including date, time, device or session identifiers, and the versions of applicable policies accepted.

8. Privacy

Our Privacy Policy explains how we collect, use, and disclose information. By using the Service, you agree to our processing of information as described in the Privacy Policy, which is incorporated by reference into these Terms.

9. User Content

You may submit information through the Service, including check‑ins, ratings, and optional notes (“User Content”). You retain ownership of your User Content.

You grant BHVD a worldwide, non‑exclusive, royalty‑free license to host, store, process, use, reproduce, display, and transmit User Content solely to operate, maintain, secure, and improve the Service and to provide features you request.

This license ends when you delete your User Content or account, except where retention is required for legal, compliance, security, or dispute‑resolution purposes.

You represent that you have all rights necessary to submit User Content and that it does not violate any law or third‑party rights.

10. Acceptable Use

You agree not to:

1. Use the Service for unlawful purposes.
2. Interfere with or disrupt the Service or access systems you are not authorized to access.
3. Circumvent security measures or reverse engineer, decompile, or disassemble the Service, except where prohibited by law.
4. Upload malware or otherwise compromise the Service.
5. Misrepresent the Service as medical care or emergency services.
6. Use the Service in violation of these Terms or applicable safety guidance.

11. Intellectual Property

The Service and all related materials, including software, hardware designs, protocols, audio content, text, graphics, and trademarks, are owned by BHVD or its licensors and are protected by intellectual‑property laws.

You are granted a limited, revocable, non‑transferable, non‑exclusive license to access and use the Service for personal, non‑commercial use in accordance with these Terms. No other rights are granted.

12. Purchases, Payments, and Fulfillment

If you purchase hardware or other products:

1. Pricing, taxes, shipping, and handling will be disclosed at checkout.
2. You authorize us and our payment providers to charge your selected payment method.
3. Title and risk of loss pass to you upon delivery to the carrier, unless otherwise required by law.
4. We may refuse, cancel, or limit orders where permitted by law.

Returns, refunds, and warranty terms are governed by the policies presented at purchase and any written warranty included with the product.

13. Subscriptions and Digital Features

If the Service includes subscriptions or paid digital features:

1. Terms, billing cadence, and cancellation mechanics will be disclosed at purchase.
2. Subscriptions renew automatically unless canceled.
3. You are responsible for canceling before renewal.
4. Fees are non‑refundable except where required by law or expressly stated otherwise.

14. Third‑Party Services

The Service may integrate with or link to third‑party services. BHVD does not control and is not responsible for third‑party services. Your use of them is governed by their own terms and policies.

15. Communications

You consent to receive Service‑related communications, including transactional notices, safety updates, and support messages. Marketing communications, where applicable, will include an unsubscribe mechanism.

16. Feedback

Any ideas, suggestions, or feedback you provide may be used by BHVD without restriction or compensation, unless prohibited by law.

17. Copyright Complaints

If you believe content on the Service infringes your copyright, contact admin@theicesack.com with sufficient information to evaluate the claim.

18. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied.

We do not guarantee uninterrupted operation, error‑free performance, or specific outcomes.

19. Limitation of Liability

To the maximum extent permitted by law:

1. BHVD will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
2. BHVD’s total liability will not exceed the greater of (a) amounts paid to BHVD in the 12 months preceding the claim or (b) $100.

Some jurisdictions do not allow certain limitations; in such cases, limits apply to the maximum extent permitted by law.

20. Indemnification

You agree to indemnify and hold harmless BHVD and its officers, directors, employees, and agents from claims arising out of your use of the Service or violation of these Terms or applicable law.

21. Dispute Resolution, Arbitration, and Class Action Waiver

This section affects your rights and requires individual arbitration for most disputes.

21.1 Notice of Dispute

Before initiating arbitration or court proceedings, you must send a written Notice of Dispute to admin@theicesack.com and by mail to:

BHVD Labs LLC
55 W Wacker Drive, Suite 1120
Chicago, IL 60601

We will attempt informal resolution for 60 days.

21.2 Binding Arbitration

Except where prohibited by law, disputes will be resolved by binding, individual arbitration.

21.3 Arbitration Forum

Arbitration will be administered by the American Arbitration Association under applicable rules.

21.4 Location and Format

Arbitration will take place in Cook County, Illinois, and may occur by video, phone, or written submission.

21.5 Exceptions

Either party may bring qualifying claims in small‑claims court or seek injunctive relief for intellectual‑property misuse.

21.6 Class Action Waiver

Claims may only be brought on an individual basis, not as part of a class or representative action.

21.7 Opt‑Out

You may opt out of arbitration by emailing admin@theicesack.com within 30 days of first accepting these Terms.

21.8 Severability

If the class action waiver is unenforceable, disputes may proceed in court consistent with Section 22.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Illinois. Any permitted court proceedings will take place exclusively in Cook County, Illinois.

23. App Store Terms

If you download the app from Apple’s App Store or Google Play, these Terms are between you and BHVD. Apple and Google are not responsible for the Service.

24. Force Majeure

BHVD is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, labor disputes, government actions, or internet failures.

25. Entire Agreement

These Terms, together with the Privacy Policy and purchase‑specific terms, constitute the entire agreement between you and BHVD regarding the Service.

26. Changes

We may update these Terms from time to time. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

27. Contact

BHVD Labs LLC
admin@theicesack.com
55 W Wacker Drive, Suite 1120
Chicago, IL 60601